Flagstaff, AZ Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Trigger
- ADU certificate of occupancy on/after 9/14/2024
- Requirement
- owner must live on-site as primary residence
- Violation type
- prohibited use under § 3-12-001-0007
- Penalty range
- $500 to $3,500 per violation
- Suspension risk
- up to 12 months after 3 violations
Summary
Flagstaff does not require every short-term rental host to live on site, but it does when the property holds an accessory dwelling unit built under a newer certificate of occupancy. Under City Code § 3-12-001-0007(B), the owner must occupy the property as a primary residence whenever it contains an ADU that received its certificate of occupancy from the City on or after September 14, 2024, and renting that ADU as an STR without living there is a prohibited use.
B. Effect of Accessory Dwelling Unit. The owner of an STR shall reside on the property as the owner’s primary residence if the property contains an accessory dwelling unit and if a certificate of occupancy was issued for the accessory dwelling unit by the City on or after September 14, 2024.
Full Breakdown
Flagstaff City Code § 3-12-001-0007(B) states that 'the owner of an STR shall reside on the property as the owner's primary residence if the property contains an accessory dwelling unit and if a certificate of occupancy was issued for the accessory dwelling unit by the City on or after September 14, 2024.' The rule targets newer ADUs specifically: a property with an ADU permitted and finaled before that date is not covered, and a property without any ADU is not covered at all, so most Flagstaff STRs, a stand-alone house with no ADU or a condo unit, fall outside this residency condition. Where it applies, the owner cannot own the main house and lease out a newer ADU as a nightly rental while living elsewhere; the primary home on the parcel has to be the owner's actual residence.
Violating the residency condition is charged as a prohibited use under § 3-12-001-0007, the same subsection that bars nonresidential uses, sex-trafficking-related activity, and code violations at an STR. A prohibited-use finding exposes the owner to the STR chapter's escalating civil penalty schedule under § 3-12-001-0015 ($500 for a first verified violation, $1,000 for a second, $3,500 for a third or later within twelve months) and, after three verified violations in a rolling twelve-month period, can support a license suspension of up to twelve months under § 3-12-001-0014. Advertisements or listings referencing the property are treated as prima facie evidence of a prohibited use under § 3-12-001-0007(C), so a marketed ADU listing while the owner lives off-site is itself evidence for enforcement.
Violations & Fines
A property owner who rents a post-September 2024 ADU as an STR without living on site is using the STR in violation of § 3-12-001-0007(B), a prohibited use. That draws the chapter's escalating civil penalties ($500, $1,000, then $3,500 per verified violation within twelve months under § 3-12-001-0015) and, after three verified violations, can support suspension of the STR license for up to twelve months under § 3-12-001-0014.
Frequently Asked Questions
Does Flagstaff require STR owners to live at the property?
What if my ADU's certificate of occupancy predates September 14, 2024?
What happens if I rent out a covered ADU without living on site?
Sources & Official References
Other rules in Flagstaff
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